Zaelath wrote:Midnyte_Ragebringer wrote:
As for "it was a very big deal", really? What do you base that assertion on? Really. Show me something that shows some real outrage about it, news services still have stories from 2001 online.
.FindLaw Forum: Pardon me, but Clinton's defense of pardons doesn't wash
by Edward Lazarus
FindLaw Columnist
Special to CNN.com
February 21, 2001
Web posted at: 11:48 a.m. EST (1648 GMT)
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Pardon charges could be hard to prove - February 15, 2001
(FINDLAW) -- William Jefferson Clinton's defense of his last-minute presidential pardons, which appeared in The New York Times on the Op Ed page on Sunday, raises at least as many questions as it answers.
Even the Times itself on the same day was critical of the Op Ed piece. Already, Clinton is having to backtrack on his claim that three "distinguished Republican attorneys" -- Leonard Garment, Brad Reynolds, and Lewis Libby -- "reviewed and advocated" the case for the Marc Rich and Pincus Green pardons.
As it turns out, while these lawyers helped build a defense for the pardon recipients, they played no role in the pardon request itself.
No doubt Clinton critics in Congress and elsewhere are digging beneath Clinton's other claims and defenses as presented in the column -- especially his crucial "no quid pro quo" denial that Marc Rich's ex-wife Denise Rich's contributions to the Clinton library and various Democratic political campaigns influenced the pardon decision.
It would be easy to poke holes in Clinton's Op Ed defense. He leaves unexplained, for example, why he or his advisers did not consult with the Justice Department's pardon attorney or give the U.S. attorney for the Southern District of New York, Mary Jo White, who originally brought the Rich-Green case, a chance to defend the merits of her prosecution.
But what I found most interesting about Clinton's explanation was not these obvious omissions. Rather, it was the way Clinton's general discussion of the pardon power actually highlighted the significant damage he may have caused when he showered get-out-of-jail-free cards on his political supporters.
Historical justifications of such pardons
In the wake of the Clinton pardons, critics have already started talking about limiting the Constitution's granting of broad, unreviewable "plenary" power to the president to award "reprieves and pardons" for federal offenses. The Clinton Op Ed piece, in contrast, makes a strong case -- albeit implicitly -- for why such unfettered executive authority was a wise invention.
American history is littered with prosecutions that, in hindsight, appear overzealous or politically motivated -- and Clinton's column refers to several of them. For example, Eugene Debs garnered millions of votes when he ran for president, but the nation sent him to jail anyway, for the "crime" of giving a politically unpopular speech. President Harding was more than justified in pardoning Debs.
Other prosecutions, although originally well-justified, have been eclipsed by changing times. In the 1960s and 70s, the government indicted thousands of Vietnam draft resisters. President Carter's omnibus pardon of them helped bind up, and heal, the nation's wounds from the Vietnam era. President Washington's pardon of the Whiskey Rebellion conspirators, and even President Ford's pardon of Richard Nixon, served much the same function.
Pardons have also served as a reasonable reward for individuals whose public service or private virtue has come to overshadow a transgression in their pasts -- demonstrating that the transgression was an aberration, not part of a pattern.
In addition, pardons can serve as a last safeguard for cases in which belatedly discovered evidence casts doubt on an accused person's guilt, but normal judicial remedies have proved fruitless.
Clinton's pardons and tradition
The best test of Clinton's pardons is whether they fit within the important historical tradition in which he attempted to place himself. The answer is that some do, but some do not -- and the Marc Rich pardon is one that certainly does not.
Some of Clinton's pardons undoubtedly fit the bill. I can readily see why he pardoned Patty Hearst, a tragic figure from a tortured time whose criminal conviction had long since outlived its usefulness. I can even see why Clinton pardoned targets of the independent counsels who dogged his administration: Several of the independent counsel prosecutions took on the cast of political witch-hunts.
But several other Clinton pardons cannot possibly be squared with the high purposes Clinton invoked in his column.
Consider the pardon of Marc Rich.
Rich has been a fugitive from American justice for 18 years. While the wisdom of the indictment against Rich may be debated, there is no evidence that it was politically motivated. Nor is there evidence that it had no merit.
Rich's attorneys claim he is a victim of overeager prosecutors, who based the charges against him on a strained interpretation of complex corporate laws. But these claims have never been tested in court. Indeed, thanks to Rich's flight abroad, they represent little more than the expensive musings of Rich's army of well-connected defense attorneys.
Finally, the Rich pardon cannot be said to serve some larger national purpose. On the contrary, it has defeated an important national ideal: ensuring equal justice for rich and poor alike.
Nor is Rich's pardon an isolated instance. In his last days in office, for example, Clinton shortened the prison sentences of four members of the New Square Hasidic community, the support of whom Hillary Clinton successfully courted during her Senate race. The four New Square men had been convicted of bilking U.S. taxpayers out of tens of millions of dollars.
No one argued these men were innocent. And it would take a lot of chutzpah to argue that the sentences for white-collar criminals are too harsh, when blue-collar defendants serve long terms for relatively minor drugs offenses. So what higher moral value could possibly justify cutting these prison terms? The answer is none.
Dangers of undermining powers to pardon
The point is simple. Clinton's last-day pardon orgy is so distressing precisely because past pardons have served such significant purposes. The Constitution, as Clinton noted, makes the pardon power a matter of unfettered presidential discretion. But there is no greater enemy to the future exercise of wise discretion than the abuse of that power.
Clinton's pardons destroy the high standards of the past and set the bar low for the future. In the worst case, they could lead to a Constitutional amendment limiting a power many presidents have used for wise and just ends.
As Clinton observed in his Op Ed piece, granting well-deserved pardons has often been a controversial and politically dangerous act. In our political culture, it is always easier to prosecute than to forbear, and to punish rather than to forgive. But by issuing pardons that undermine the pardon tradition, Clinton has made it all the more difficult for his successors to muster the political courage to issue the kinds of pardons upon which history is most likely to look kindly.
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Edward Lazarus writes about, practices, and teaches law in Los Angeles. A former federal prosecutor, he is the author of two books, of which the most recent is "Closed Chambers: The Rise, Fall, and Future of the Modern Supreme Court." Edward Lazarus is also a FindLaw columnist.
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Copyright © 1994-2000 FindLaw. Printed with permission from FindLaw
House panel opens new hearings into Clinton pardons
Rep. Dan Burton opens the hearings.
March 1, 2001
Web posted at: 12:32 p.m. EST (1732 GMT)
WASHINGTON (CNN) -- A House panel has opened a new round of hearings this afternoon into former President Bill Clinton's controversial late-term pardons, a day after reaching an agreement with Clinton's lawyer on viewing a list of donors to Clinton's library foundation.
The House Government Reform Committee has begun the new round of hearings, with three former top White House aides scheduled to appear before Chairman Dan Burton's panel to testify about the final days of decision-making that led to Clinton's last-minute pardons.
Former White House Counsel Beth Nolan, Chief of Staff John Podesta and adviser Bruce Lindsey will likely tell the committee about the deliberations over the controversial pardon of fugitive financier Marc Rich, which has sparked two congressional and one federal criminal probe.
Clinton, hoping to put the pardons scandal to rest, has waived any executive privilege claims and given his aides approval to testify freely when they appear before the panel.
The committee subpoenaed the three aides in its widening investigation of possible influence peddling or links between campaign donations and the pardon of Rich and others on Clinton's last day in office. Marc Rich's ex-wife Denise gave more than $1 million to Democratic causes and $450,000 to the Clinton library.
The committee and a lawyer for Clinton reached an agreement Wednesday that will give congressional investigators access to a winnowed-down list of donors to the Clinton Library Foundation, one day before the committee is scheduled to hold a hearing on some of the pardons meted out by Clinton during his last hours as president.
In the agreement between the panel and Clinton library and personal attorney David Kendall, the committee is to be given a list of some donors, amounts of donations and dates of the pledges.
Because of the compromise, an appearance by library president Skip Rutherford at a committee hearing Thursday has been canceled.
Kendall had earlier offered to let Burton, ranking Democrat Henry Waxman of California and top attorneys view the lists, but Republicans had resisted some of the restrictions imposed on their review.
The committee has subpoenaed lists of all donors contributing more than $5,000 to the Clinton library fund in hopes of finding evidence of possible donations linked to the Rich pardon, and threatened library officials with contempt if they did not comply.
Also on tap to appear before the panel was former Democratic National Committee finance chairwoman Beth Dozoretz, who has informed investigators that she will invoke her Fifth Amendment protection against self-incrimination and refuse to answer committee questions.
Clinton's pardon of Rich, who fled to Switzerland 17 years ago to avoid prosecution on racketeering, wire fraud, income tax evasion and illegal oil trading charges, is at the center of the congressional and criminal probes.
But the committee's probe has expanded to look at a number of other pardons and sentence commutations by Clinton, including those of a convicted swindler and a major cocaine dealer who paid some $400,000 to Hugh Rodham, Clinton's brother-in-law, to advance their bids for clemency.
Rodham ultimately gave the money back after Clinton and former first lady Hillary Rodham Clinton complained.
Testimony and documents in the congressional probes have indicated there was considerable debate over the Rich pardon in the final days of Clinton's presidency, with Clinton telling Dozoretz in one phone call that he was trying to "turn around" the counsel's office on the issue.
Witnesses also have said the Rich pardon and others did not go through normal Justice Department channels. A former pardon attorney told a House Judiciary subcommittee Wednesday that because of Clinton's inclination to bypass regular Justice Department channels "the final Clinton pardons were an accident waiting to happen."
"The Clinton administration's short-sighted and ill-advised decision to abandon the long-standing regular system of Justice Department review led directly to the reported free-for-all at the end of his term and the resultant appearance of cronyism and influence peddling," said Margaret Love, who was the Justice Department pardon attorney from 1990 to 1997.
Marc Rich's attorney Jack Quinn, a former White House counsel, and former Rich attorney Lewis Libby, now Vice President Dick Cheney's chief of staff, also are expected to testify at the hearing.
Reuters contributed to this report.
I'm not going to post any more. Go to Google.com and type in "clinton pardons". Search the new results archives. Hard huh?